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On May 9, 2023, Law No. 21,565 was published, which establishes a Regime of Protection and Integral Reparation in favor of the victims of Femicide and Femicidal Suicide and their families

On May 9, 2023, Law No. 21,565 was published in the Official Gazette, which establishes a regime of protection and integral reparation in favor of the victims of femicide and femicidal suicide and their families. Article 8 of the law establishes the right to protection in the workplace which, in general terms, states that:

1. The victims of attempted or attempted femicide (offended by the crime) will have the right to the protection of work and will enjoy labor protection from the perpetration of the crime until one year later.

2. Because they are beneficiaries of labor protection, the employer may not terminate their employment contract except with the prior authorization of the competent judge (i.e., by means of a trial of desafuero), in accordance with article 174 of the Labor Code.

3. The offended party must present to her employer the complaint filed with the police or the Public Prosecutor's Office.

4. The employer must keep the communication of the complaint made by the offended party confidential, in accordance with article 154 bis of the Labor Code.

5. During the period of extension of the labor privilege, the offended by the crime may request her employer to temporarily adjust her labor benefits.

6. The appearance to any diligence of investigation or judicial proceeding required by the corresponding authority will be sufficient cause to justify in case of absence from work, in the case of the following persons:

(i) Offended by the crime.

(ii) Daughters and children of the offended person.

(iii) Other persons under the care of the offended party.

(iv) Mother or father, daughters or sons of the offended party, those who have the personal care of the offended party and the current partner of the offended party who has a sentimental relationship without cohabitation.

(v) Whoever is considered a victim by virtue of article 108 of the Code of Criminal Procedure.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl)

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